TRIAL OF WARRANT
CASES
A warrant case relates to an offence punishable with death, imprisonment for
life, or imprisonment for a term exceeding two years. A warrant case may be
instituted on a police report as well as otherwise than on a police report.
Trial of warrant cases can be classified under two heads:
(a) Case instituted on a police report
(b) Cases instituted otherwise than on a police report
Cases instituted on a police report is encompassed under sections 261 to 266.
Cases instituted otherwise than on a police report is classified under sections
267 to 270.
Conclusion of trial is dealt under section 271 to 273
(A) CASES INSTITUTED ON A POLICE REPORT
Compliance with Section 230
Discharge of the accused
Framing of charge
Conviction on plea of guilty
Evidence for prosecution
Evidence for defence
Section 261:
In any warrant case instituted on a police report, when the accused appears or
is brought before a magistrate for the trial, the magistrate shall satisfy himself
that he has complied with the provisions of section 230 (supply the copy of the
police report and other related documents to the accused).
Section 262:
The accused may prefer an application for discharge on getting the supply of
copies of documents.
Such application shall be made within 60 days from the date of supply of
copies of documents.
In the State of Himachal Pradesh vs. Krishan Lal, 1987, the Hon’ble Supreme
Court held sufficient material on record, and the judge had found that the
prima facie case had been made out. But his successor judge concluded the
same material that no charge could be made and hence passed an order of
discharge. The Supreme Court held that the successor could pass no order of
discharge.
Section 263:
The process of framing charges typically happens after the first hearing.
The magistrate shall frame charges within sixty days from the date of the
first hearing on the charge.
Central Bureau of Investigation v. Narottam Dhakad, 2023
Section 264:
After framing the charge if the accused pleads guilty, then the magistrate
shall record the plea and convict him according to his discretion.
Section 265:
If the accused does not plead guilty, then the magistrate does not convict
him, and the magistrate shall fix a date for the examination of witnesses.
Section 266:
The magistrate shall call the accused to enter in his defence and produce
evidence and will allow for cross-examination.
(B) CASES INSTITUTED OTHERWISE THAN ON A POLICE
REPORT
Evidence for prosecution
Discharge of the accused
Procedure where accused is not discharged
Evidence for defence
Section 267: Evidence for prosecution
When a warrant case is instituted otherwise than on a police report, the
accused appears or is brought before a magistrate; the magistrate shall
proceed for evidence for the prosecution and summon the witnesses or
document on the prosecution application.
Section 268: When the accused shall be discharged
Section 269: Procedure where the accused is not discharged
If the magistrate is satisfied, he can frame the charge and proceed further.
The charge shall be read and explained to the accused, and he shall be
asked whether he pleads guilty or has any defence to make.
Also, if the accused pleads guilty, the magistrate shall convict the accused
according to his discretion. The magistrate will move forward if the accused
does not plead guilty.
Section 270: Evidence for defence
(C) CONCLUSION OF TRIAL
Section 271: Acquittal or Conviction
Section 272: Absence of Complaint
Section 273: Compensation for accusation without reasonable cause
TRIAL OF SUMMONS CASES
Summons case means a case relating to an offence being a warrant case.
The procedure to deal with such matters is provided from Section 274 to
Section 282.
Substance of accusation to be stated
Conviction on plea of guilty
Conviction on plea of guilty in the absence of the accused in petty cases
Procedure when not convicted
Acquittal or Conviction
Non-appearance or death of complainant
Section 274: Substance of accusation to be stated-
When the accused is brought before the magistrate, the particulars of the
offence he is charged with shall be stated to him. If the accusation is
baseless, the magistrate shall release the accused with the same effect as a
discharge.
Section 275: Conviction on plea of guilty
Section 276: Conviction on plea of guilty in absence of accused in petty
cases
Section 277: Procedure when not convicted
Section 278: Acquittal or Conviction
Section 279: Non-appearance or death of the complainant
Maj. Genl. A.S. Gauraya v S.N. Thakur
Section 280: Withdrawal of complaint
Section 281: Power to stop proceeding in certain cases
SUMMARY TRIALS
Small offences are tried and disposed of speedily with simplified procedure.
No sentence of imprisonment for a term exceeding more than 3 months is
passed in the case of any conviction under summary trials.
According to Section 283 of the Sanhitha, the courts may try any of the
offences summarily except those punishable by death, life imprisonment or
imprisonment over three years and also the value of the property not
exceeding twenty thousand.
The procedure for summary trial, the same procedure as that of summary
trial shall be followed.
In every case tried summarily, the magistrate shall according to the
directions given by the state government, enter the particulars of the case.
The magistrate shall record the substance of the evidence and a
judgement if the accused does not plead guilty and the same should be in
the language i=of the court.
